Dried Fruits Export Control (Poll) Regulations (Amendment)

Overview

The Dried Fruits Export Control Regulations 1924 were enacted to implement provisions under the Dried Fruits Export Control Act 1924. This Act was introduced to address the need for regulating the export of dried fruits from Australia, ensuring that such exports are controlled to protect the interests of growers and maintain quality standards. The Regulations were made by the Governor-General in Council, following advice from the relevant Federal authority. The overarching policy objective is to provide a structured framework that allows for the orderly conduct of polls among growers, ensuring their participation in decision-making processes related to the export of dried fruits, while accommodating unforeseen circumstances that may affect their ability to vote.

Scope and Application

The Dried Fruits Export Control Regulations, made under the authority of the Dried Fruits Export Control Act 1924, apply to the export of dried fruits from Australia and are intended to regulate and control this trade through specific procedures and processes. These regulations primarily target growers of dried fruits who are subject to the provisions concerning the conduct of polls and the submission of voting papers. The regulations outline specific procedures for the certification of grower rolls, the timing and handling of voting papers, and the process for scrutinising votes, including special provisions for late submissions due to circumstances beyond the growers' control. The regulations extend to the entire Commonwealth of Australia, with the Minister of State for Trade and Customs having the authority to make amendments and direct certain procedures. These regulations also provide for the possibility of exclusions or exemptions where specific circumstances warrant, such as the acceptance of late voting papers under certain conditions. The application and scope of these regulations can be further extended or refined through subordinate instruments, allowing for adjustments and clarifications as needed to ensure the effective administration of the Dried Fruits Export Control Act 1924.

Key Provisions

The main operative sections of the Dried Fruits Export Control (Poll) Regulations, as amended by Statutory Rules 1924, No. 187, primarily address the process and requirements for conducting a poll among dried fruit growers in the context of exporting dried fruits. Regulation 6 (1) now specifies that the roll of growers in each state is to be certified as correct by the Returning Officer or a Deputy Returning Officer. Regulation 16 has been amended to remove the specific time limitation of three o’clock in the afternoon of the day before the poll closes, which was previously a requirement. Regulation 17 (2) introduces a new sub-regulation regarding the use of a special ballot-box for voting papers received after the official closing time of the poll. Regulation 18 has been expanded to include a new sub-regulation (1a), which allows the Minister to admit voting papers to scrutiny if received by a specified later date due to circumstances beyond the grower's control. Regulation 20 has been updated to clarify the procedure for opening ballot boxes and the special ballot-box at the close of the poll. Regulation 21 corrects a reference from 'paragraph' to 'regulation' for consistency, while Regulation 23 (1a) allows the Returning Officer to announce the poll results without awaiting the scrutiny of certain voting papers if they are unlikely to affect the outcome. The obligations imposed on parties by these regulations include the certification of the growers' roll by the Returning Officer or a Deputy Returning Officer (Regulation 6 (1)), the maintenance of a special ballot-box for late voting papers (Regulation 17 (2)), and the flexibility granted to the Minister to admit late voting papers under certain conditions (Regulation 18 (1a)). The Returning Officer is also tasked with determining when the votes from the special ballot-box do not affect the poll's outcome and may announce the results without awaiting the scrutiny of those votes (Regulation 23 (1a)). Additionally, the Returning Officer must now follow the updated procedure for opening ballot boxes as stipulated in Regulation 20. The regulations do not explicitly state any new offences, penalties, or consequences for breach. However, the amendments suggest that any failure to comply with the new procedures for the handling of voting papers, particularly those received after the official closing time, could potentially lead to disputes or challenges to the poll's validity. The absence of penalties in the text implies that any breaches would be addressed through the legal system as per the broader legislative framework of the Dried Fruits Export Control Act 1924, rather than through specific penalties outlined in these regulations.